FERC Draws A Line On Transmission Queue Waivers

Law360, New York ( March 13, 2015, 4:03 PM EDT) -- Generation project developers generally face significant hurdles in securing authority to interconnect to regional grids. Recognizing that independent system operators tariff provisions governing interconnection can prove overly stringent in practice, from time to time the Federal Energy Regulatory Commission grants waivers to allow developers to advance through the interconnection approval queue without meeting all tariff milestones. Among the criteria considered by FERC in determining whether to approve waiver request is that the waiver be "limited in scope." In Cassadaga Wind LLC, 150 FERC ¶ 61,182 (March 11, 2015), FERC found that the developer's waiver request did not satisfy that criterion, offering guidance on the meaning of "limited" in that context....

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